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Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine

Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine

Hardcover

Series: Law and Philosophy Library, Book 58

General Law

ISBN10: 9041118675
ISBN13: 9789041118677
Publisher: Springer Nature
Published: Dec 31 2002
Pages: 249
Weight: 1.17
Height: 0.73 Width: 6.50 Depth: 9.76
Language: English
Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.

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